Millville City Zoning Code

The minimum distance from the base of the wireless communications structure to any property line or road right-of-way shall be at least 1.25 times the height of the structure to ensure an adequate fall zone.

The setbacks for the wireless communications building shall comply with the setback requirements for the zoning district in which the facility is located.

The wireless communications structure shall be a minimum distance of three times its height from school buildings, playgrounds, athletics fields, and abutting residences to prevent the structure from appearing to "tower" over the school buildings, playgrounds, athletics fields, and abutting residences, adversely affecting property values.

No existing wireless communications structures are located within the geographic area required to meet the applicant's engineering requirements.

No municipally owned parcels where a structure could be constructed are located within the geographic area required to meet the applicant's engineering requirements.

No existing nonresidential structure could accommodate a proposed device within the geographic area to provide suitable coverage.

Existing wireless communications structures or nonresidential structures are not of sufficient height to meet the applicant's requirements.

Existing wireless communications structures or nonresidential structures do not have sufficient structural strength or cannot be brought up to appropriate strength to support the proposed wireless communications device.

The proposed wireless communications device would cause electromagnetic interference with the existing devices on the site, or the existing devices would cause interference with the proposed wireless communications device.

The applicant demonstrates that there are other limiting factors that render existing structures unreasonable.

Preapplication. Applicants are encouraged to meet with the Planning Board at a preapplication conference to consider general development approaches prior to the submission of a complete application.

Filing. Each application for a special permit shall be filed with the Planning Board and the Town Clerk in accordance with the provisions of § 100-606, Special permits, and with MGL c. 40A, § 9.

Fees shall be submitted at the time of the submission of the application and in an amount as specified by the Planning Board's fee schedule.

One original of the complete application and 12 paper copies shall be filed with the Planning Board along with an electronic copy via compact disc (CD) in PDF format. A separate copy of the application shall be submitted to the Town Clerk, with a receipt of its submission provided to the Planning Board.

Within 10 days after the filing of a complete special permit application, the Planning Board or its agent shall notify local officials, boards, and commissions by sending them a copy and requesting their comments.

The Board shall hold public hearings on the complete application and shall solicit public comment.

Site plans and engineering plans, prepared by a professional engineer licensed to practice in Massachusetts, on 24 inches by 36 inches sheets at a scale of one inch equals 40 feet, or one inch equals 200 feet, where appropriate, on as many sheets as necessary, which show the following:

A map showing the areas covered/served by the proposed wireless communications structure and device of different signal strengths, and the interface with adjacent service areas.

A locus map at a scale of one inch equals 1,000 feet (or whatever is necessary to show where in Town the proposed tower is sited), which shall show streets and landscape features.

A description of the soil and subsurface geology at the proposed site.

A narrative report written by the carrier and licensed professional engineer which shall:

Proof of approval of all other necessary permits needed for construction and operation.

If the proposed facility is taller than the zone height restriction (and the SPGA deems it necessary), after the application is submitted, and not more than 21 days after the initial public hearing, the applicant shall arrange to fly a two-foot-diameter balloon at the site of the proposed wireless communications structure at the maximum height of the proposed installation. The date and location of the flight shall be advertised at least 14 days, but not more than 21 days, before the flights, and again in the public hearing advertisement in a newspaper with a general circulation in the Town.

Site plans and engineering plans, prepared by a professional engineer licensed to practice in Massachusetts, on 24 inches by 36 inches sheets at a scale of one inch equals 40 feet, or one inch equals 200 feet, on as many sheets as necessary, which show the following:

A map showing the areas covered by proposed device(s) of different signal strengths and the interface with adjacent service areas.

A narrative report written by the carrier and licensed professional engineer which shall:

Proof of approval of all other necessary permits needed for construction and operation.

If the proposed facility adds more than five feet to the height of the structure at the effective date of this bylaw and will exceed zone height restrictions, the SPGA may require a balloon test as described above in Subsection B(7).

That the applicant has demonstrated to the satisfaction of the SPGA that the requirements of this bylaw have been met.

That the size and height of the structure is the minimum necessary.

That the proposed wireless communications facilities will not adversely impact historic structures or scenic views.

That there are no feasible alternatives to the location of the proposed wireless communications facilities, including co-location, that would minimize their impact and the applicant has exercised good faith in permitting future co-location of facilities at the site.

Annual certification demonstrating structural integrity and continuing compliance with current standards of the FCC, FAA and the American National Standards Institute shall be filed with the Building Inspector by the special permit holder, and shall be reviewed by a licensed professional engineer hired by the Town and paid for by the special permit holder.

If the FCC or the FAA regulations are changed, the owner or operator shall bring the facilities into compliance within six months or earlier if a more stringent compliance schedule is included in the regulation.

Failure to comply with any regulations shall be grounds for removal of noncomplying structures, buildings or devices at the owner's expense.

If the device is moved lower on the structure and the top of the structure is no longer needed, then the nonoperational part of the structure shall be removed within 120 days.

An applicant must execute a covenant with the SPGA agreeing to remove, within 180 days of notice from the Town, a wireless communications facility not in operation for a period of 12 months, unless the reason for nonoperation is the result of major damage.

If the facility is not removed within 180 days, the Town will remove said facility at the owner's expense.

In the event of major damage, repair must begin within six months of damage. "Major damage" shall mean damage to the facility caused by no fault of the owner or operator.